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Eugene DUII Diversion Program

If you have recently received your first Oregon DUII offense, then you may want to talk with your Eugene criminal defense attorney about Oregon’s diversion program for first time offenders. It is generally a good idea to apply for this program because by doing so you can avoid 2 days’ jail time or 80 hours of community service as well as a $1000 fine, which are otherwise mandatory. Under ORS 813.215, you could be eligible for the diversion program if you meet the following criteria. (1) You have not been charged with a DUII (or other similar drug or alcohol related charges) or been in a DUII diversion program as well as any other drug or alcohol programs in the past 15 year (10 years if your arrest was before January 1, 2010). (2) The DUII you were charged with did not involve an accident where any other party (other than yourself) was injured or died. (3) You are not eligible for the diversion program if you have a commercial driver’s license.

eugene-oregon-criminal-defense-lawyer-97402-irvingThe Eugene District Attorney’s office will sometimes object to a defendant’s entry into the program even after they meet these requirements if there was a child in the car when the defendant was charged with the DUII or if the defendant has previous DUII cases that are older than 15 years. If you have questions about whether or not you satisfy the conditions for the diversion program, we urge you to call Veralrud & Fowler today for a free phone consultation where we can answer a few of your basic questions.

In order to enter the Oregon diversion program you must plead guilty or no contest to the charge in court. Not all judges will accept a no contest plea in diversion cases even though under ORS 813.200(4)(a) it is within your rights to do so. During the diversion program period, your guilty plea is suspended. If you comply with their terms and stay out of trouble, your DUII will be dismissed after one year. As of 2012, some of the terms include not drinking and installing an ignition interlock device into your car. A Eugene criminal defense attorney can help you file the paperwork and make sure the diversion process meets all the requirements.

DUII Diversion Fees in Oregon

There is a mandatory diversion fee of $490 that must be paid over the course of the yearlong program (payment plans are available). The state of Oregon also requires a $150 alcohol diagnostic assessment fee, a victim impact panel fee which can range anywhere from $5 to $50, as well as the cost of the actual weekly diversion classes which vary from county to county.

eugene-oregon-criminal-defense-lawyer-97407-lorane-linslawIf you fail to comply with the terms of the Oregon diversion program, the court could discontinue your diversion and charge you with Driving Under the Influence of Intoxicants. This means you will be fined a minimum of $1000 as well as sentenced to 2 days in jail or 8 hours of community service. You will also still have to pay for the victim impact panel and alcohol treatment as part of the probation  process. Most people that fail the diversion course do so because they were charged with a new DUII or failed to attend the weekly diversion classes.

While a Eugene, Oregon criminal defense attorney is not required to enter the diversion program, Veralrud & Fowler has helped many previous clients successfully complete the diversion program and get on with their lives. We will carefully look through your case and find any suppression issues that may result in a dismissal or triable DUII cases. If there was an accident involved with the DUII, we will do everything we can to protect you from civil liability. Having an attorney on your side who is familiar with how the diversion program works will help ensure that you will be enrolled in the program and avoid the otherwise mandatory fine and community service or jail time.

Give Us a Call at 541-345-3333 for a Free Consultation About Your Case or Send Us an Email Below

975 Oak Street, Suite 798

Eugene, OR 97401

Phone  (541) 345-3333
Fax  (541) 342-1908

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